West Bend Mutual Insurance v. Procaccio Painting & Drywall Co.

MEMORANDUM OPINION AND ORDER

HARRY D. LEINENWEBER, District Judge.

Before the Court are two motions by Defendant Procaccio Painting and Drywall Company, Inc. (hereinafter, “Defendant” or “Procaccio”). The first is Procaccio’s Motion to Dismiss Count I of the Complaint. The second is a Motion for Summary Judgment on Count II of the Complaint and Counts I-IV of Procaccio’s Counterclaim. For the reasons stated herein, the Motion to Dismiss is granted, and the Motion for Summary Judgment is granted in part and denied in part.

I. BACKGROUND

Plaintiff West Bend Mutual Insurance Company (hereinafter,…